246. If the law cannot bind the actor, what is the meaning of existence?

This is a case of intentional injury.

The client's family believes that his son was bullied and forced to use a knife in desperation, while the person from the District Prosecutor's Office believes that the person and the victim are 1v1solo, and that the retaliation under such conditions is not justified defense.

Here's what it looks like:

The client's name is Wang Hua, a high school student, and the victim is a classmate.

The victim's name is Yang Huaiyu, and he belongs to the Xiaobawang-level figure at school.

This Yang Huaiqing often bullied Wang Hua on weekdays, and when he couldn't bear it, Wang Hua took a fruit knife when he went to school.

Unlike others, Wang Hua didn't use the knife directly, but just wanted to scare this Yang Huaiqing.

And Yang Huaiqing also knew that Wang Hua didn't dare to do it, so he became more and more arrogant, and after being persuaded by other classmates, he simply left cruel words not to leave after school.

Maybe it was because he was bullied and scared by him on weekdays, or for other reasons, Wang Huazhen didn't leave.

This is the reason for the prosecution of the District Prosecutor's Office, because Wang Hua himself has the conditions to avoid danger.

To put it bluntly, as long as he doesn't go, then the tragedy can't happen.

There are two reasons why Li Chen took this commission:

First, the case itself involves campus issues.

As a victim, the person concerned has lived in the shadow of others for a long time and has been bullied by others, so that he will have the psychology of resisting with a knife.

He didn't directly commit murder with a knife, and his purpose was very obvious, that is, he wanted the bully to stop.

This is also a factor in the difficulty of the case, that is, the other party did not directly act when he was bullied by others.

The time of the crime was outside the school, and the nature of the crime changed.

You fight back when you are bullied at school and can't bear it, the degree of aggression of the other party is continuous, and the reason and direction of the defense are also very simple.

At school, with teachers and other classmates, the result will certainly not be too serious.

Even if it's serious, there are witnesses to testify against you.

If the conflict in the school is not resolved in the school, it is likely to become a mutual fight.

The second reason is that Li Chen has also experienced school bullying firsthand.

When the victim is facing bullying from the bully, the long-term habit he has developed makes him afraid to resist the other party.

This is also the main reason why Li Chen is particularly disgusted with school bullying.

At the beginning of the case, Li Chen also went to the confessional to meet Wang Hua, and learned the truth of the case from the other party.

Wang Hua didn't leave after school, and honestly followed the abuser to the grove.

There, Yang Huaiqing first made provocative remarks, and then insulted physically.

From Yang Huaiqing's point of view, Wang Hua is a provocation against him.

Young man, you bull x, you dare to stab me with a knife?

You stab!

Don't do it, don't do it, I'll get you today!

The reason why he insulted and provoked him was that he thought that Wang Hua would not be able to fight back.

Of course...

He also paid the price of his own life for his miscalculation.

There were also witnesses in the case, and a few classmates were worried about following them at that time, but because Yang Huaiqing himself had a knife and was the little bully of the school, he didn't dare to step forward to dissuade him.

When the case was tried in the first instance, the school's teachers and students also jointly pleaded for Wang Hua, but the trial court did not accept it.

This is reasonable and unlawful.

Judging from the whole day of the case, Wang Hua was the party who was violated, and he was holding a knife when he couldn't bear it.

But from a legal point of view, he is in a position to avoid conflict.

Li Chen believes that they must have never been bullied by others, so it is difficult to bring in the true psychology of the parties...

He also went to the court of second instance, but it is regrettable that he did not convince the judge of second instance.

Li Chen believes that Wang Hua should be justified in defense, and the judge of the second instance can see from his attitude that he is still more inclined to defend excessively.

You can give a lesser sentence, but you can't not give a less...

You say that you have been bullied, and you can resolve the conflict through other legal means, such as:

If you are bullied at school, report it to the teacher and ask them to come forward to solve it, and if you still feel that you don't feel the whole thing, you can call the police station to get shelter.

Solving problems by yourself is often the most ineffective means, because from the moment both sides take the knife, the matter is already out of the control of both parties.

After all the processes were completed, Li Chen also began to prepare his reply.

Li Chen divided the case into two parts:

The first part is the usual performance of Wang Hua and Yang Huaiqing in school and his past bullying, and the second part is the cause and process of the case.

The two things are a whole and have an absolute causal relationship in themselves.

The cause of the case was that Wang Hua was often bullied by Yang Huaiqing, and he took a knife from home when he couldn't bear it anymore.

It is a truth that he and others will be sentenced for breaking the law, and it is also a key reason that cannot be ignored.

There is a reason for the counterattack of an honest person, and it cannot be said that because of the honest counterattack, he becomes the party at fault, which in itself is irresponsible for the case, and the nature of reversing black and white is similar.

Judging from the overall problem, Wang Hua is protecting himself from being violated by others when he takes the knife, what is wrong with him?

From the cause of the case to the end of the conflict, it also reflects Wang Hua's true psychology.

Admitting mistakes and cowardice is a true reflection of being bullied, and it is just a habit, not that he wants to use legitimate defense as a reason to directly kill the other party.

And fighting back is the thinking that a normal actor should have.

It can be seen from the case that Wang Huai is a very normal actor, he is not a pervert, and he has no masochistic tendencies.

In the case of considering the deceased, can we analyze the problem from the perspective of the perpetrator?

Doesn't there need a motive to kill?

There are anti-bullying laws in this world, but it's somewhat funny that so-called anti-bullying laws don't stop bullying of others...

The second is law enforcement.

Their biggest problem is that they are biased towards victims.

A case, from its cause to its effect, is inherently a whole.

First, Yang Huaiqing misbehaved at school and bullied others, and then Wang Huai couldn't bear to fight back.

This is originally a series of factor reactions, and it can also be understood as an honest person's counterattack.

But in this case, the law enforcement officers did not connect the whole story, and the focus was only on what happened outside the school.

When something is split into two parts, the result naturally becomes a new story...

Whether you are dating someone else or being forced to go to the scene of the crime, this point needs to be clarified...

After all was done, Li Chen handed over his reply to the court of second instance.

When the trial judge saw Li Chen's reply...

He was stunned...

(End of chapter)